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PEOPLE v. BROWN

219 A.D.2d 561 (1995)

631 N.Y.S.2d 828

The People of the State of New York, Respondent, v. Isaiah Brown, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

September 28, 1995

Defendant's argument that his rights under Brady v Maryland (373 U.S. 83) were violated because the police failed to impound the vehicle is unpreserved for appellate review as a matter of law (CPL 470.05 [2]). In any event, it lacks merit since the police had no affirmative obligation to take this evidence into their custody (see, People v Alvarez, 70 N.Y.2d 375...

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